CO129-537-5 City Hall Resumption Ordinance- 1932 24-6-1932 - 7-7-1932 — Page 10

Objects and Reasons.

T. The Buildings known as the City Hall are situate on Marine Lot No. 82.

2. By Indenture of Crown Lease the Lot was granted by Her late Majesty Queen Victoria, subject to the payment of the nominal sum of five dollars and reserved rental of one dollar per annum for the term of 999 years from the 1st March, 1866, to three individuals as lessees-A. Turing, J. Macdonall and Phineas Ryrie.

3. The usual lessee covenants in the Indenture (including a ten thousand dollar building covenant) were preceded by the following words :-

"And in order that the convenants hereinafter contained on the lessees part may attach to and run with the said land and the tenancy thereof and be obligatory on the lessees their Executors Administrators and Assigns so long only as they shall be in actual possession of the premises but not further or otherwise the said lessees do jointly and severally for themselves their heirs executors administrators and assigns

......covenant promise and agree, etc.

4. The final covenant is varied, however, by the insertion of the following words:-

"And further that the said lessees their executors administrators and assigns or any other person or persons shall not nor will during the continuance of this demise use the said demised premises otherwise than as and for a City Hall."

5. The final clause in the lease is as follows :-

"And whereas the demise hereinbefore contained has been made by Her said Majesty in order that a fit and proper site may be had solely for the purpose of the said City Hall, and although the value of the said site is considerable, the said demise has been made (of Her said Majesty's favour) without pecuniary consideration but upon the condition next hereinafter expressed, that is to say, Provided lastly that the said demised premises shall not nor shall any part thereof be used for any other purpose than for a City Hall and that in case the said demised premises or any part thereof shall thereafter be used for any purpose other than for a City Hall, then in every or any such case the term estate and interest thereby demised in the said premises shall thereupon absolutely cease and determine and it shall and may be lawful for Her said Majesty, Her Heirs Successors and Assigns by the Governor of Hong Kong for the time being or other person duly authorised in that behalf into and upon the said demised premises or any part thereof in the name of the whole to re- enter and the same to have again retain reposess and enjoy as in Her or their first or former estate and as if these presents had not been made and the said lessees their executors administrators and assigns and all other occupiers of the said premises thereout and thence utterly to expel put out and amove, this Indenture or anything contained therein to the contrary notwithstanding."

6. It is believed that of the three lessees the last survivor was Phineas Ryrie, who in Suit No. 93 of 1890 unsuccessfully claimed an injunction against the Government from proceeding with the Praya reclamation opposite Marine Lot 82, and who died on the 21st February, 1892, devising to the trustees of his will, their heirs, executors and assigns, subject to the trusts and equities affecting the same, all estates vested in him as trustee. Letters of Administration with the will and codicils annexed were granted on the 14th April, 1892, to A. W. Walkinshaw, attorney for C. Car

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